City Council

CITY OF CUPERTINO AGENDA CITY COUNCIL 10300 Torre Avenue and 10350 Torre Avenue Tuesday, January 19, 2016 4:30 PM AMENDED Special Non-televised Closed Session (4:30) Immediately Followed by a Televised Study Session; Followed by the Televised Regular Meeting (6:45); Special Public Facilities Corporation Meeting (Immediately Following Regular Meeting) Amended on 1/14/16 to correct Special Study Session numbering to Nos. 4 and 5 NOTICE AND CALL FOR A SPECIAL MEETING (CLOSED SESSION AND STUDY SESSION) AND REGULAR MEETING OF THE CUPERTINO CITY COUNCIL, AND SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, January 19, 2016, commencing at 4:30 p.m. for a closed session in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014 and immediately followed by a study session in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, CA 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. The special meeting of the Cupertino Public Facilities Corporation will immediately follow the regular meeting in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014 for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting.” SPECIAL MEETING CLOSED SESSION - 4:30 PM City Hall Conference Room A, 10300 Torre Avenue 1. Subject: Conference with Legal Counsel-Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9. One case. 2. Subject: Conference with Legal Counsel-Anticipated Litigation: Initiation of CITY OF CUPERTINO Page 1 City Council AGENDA January 19, 2016 litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9. Two cases. 3. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset. STUDY SESSION - immediately following closed session Community Hall Council Chamber, 10350 Torre Avenue 4. Subject: Study session regarding Economic Development Strategic Plan (EDSP) draft background report Recommended Action: Conduct study session and provide direction to staff A - Draft Report 5. Subject: Study Session to consider entering into a Memorandum of Understanding with the Rotary Club of Cupertino to renovate the Stocklmeir home and surrounding property to utilize as a non-profit center for Cupertino Recommended Action: Conduct a study session to consider the Rotary’s proposal and direct staff to: 1. Put this item on a future Council agenda; 2. Provide additional information for Council consideration; or 3. Not pursue this proposal. Staff Report A - Proposal Agreement between Rotary and City B - Letters of Support C - Pictures of Site ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall Council Chamber, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Update from the Technology, Information, and Communications Commission Recommended Action: Receive the update CITY OF CUPERTINO Page 2 City Council AGENDA January 19, 2016 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 2. Subject: Approve the December 1 City Council minutes Recommended Action: Approve the minutes A - Draft Minutes 3. Subject: Accept Accounts Payable for the period ending November 13, 2015 Recommended Action: Adopt Resolution No. 16-001 accepting Accounts Payable for the period ending November 13, 2015 A - Draft Resolution B - AP Report 4. Subject: Accept Accounts Payable for the period ending November 20, 2015 Recommended Action: Adopt Resolution No. 16-002 accepting Accounts Payable for the period ending November 20, 2015 A - Draft Resolution B - AP Report 5. Subject: Accept Accounts Payable for the period ending November 25, 2015 Recommended Action: Adopt Resolution No. 16-003 accepting Accounts Payable for the period ending November 25, 2015 A - Draft Resolution B - AP Report 6. Subject: Accept Accounts Payable for the period ending December 4, 2015 Recommended Action: Adopt Resolution No. 16-004 accepting Accounts Payable for the period ending December 4, 2015 A - Draft Resolution B - AP Report CITY OF CUPERTINO Page 3 City Council AGENDA January 19, 2016 7. Subject: Accept Accounts Payable for the period ending December 11, 2015 Recommended Action: Adopt Resolution No. 16-005 accepting Accounts Payable for the period ending December 11, 2015 A - Draft Resolution B - AP Report 8. Subject: Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Recommended Action: Recommend approval to the California Department of Alcoholic Beverage Control of the Application for Alcoholic Beverage License for Deep Cliff Golf Course, 10700 Clubhouse Lane Staff Report A - Application 9. Subject: Summary Vacation of a Wire Clearance Easement within the Civic Center property at 10300 Torre Avenue Recommended Action: Adopt Resolution No. 16-006 summarily vacating a wire clearance easement within the Civic Center property at 10300 Torre Avenue Staff Report A - Legal Description for Vacation of Wire Clearance Easement B - Plat Map for Vacation of Wire Clearance Easement C - Draft Resolution D - PG&E No Objection Letter E - AT&T No Objection Letter F - Comcast No Objection Letter 10. Subject: Update on Permanent Program for Early Morning Collection of Solid Waste Containers on Select Streets in the Tri-School Area. Recommended Action: Receive report with no changes recommended to permanent program. Staff Report A – Table of Containers Removed from Select Streets Prior to and During Implementation B – Resident Comments Post Permanent Implementation SECOND READING OF ORDINANCES 11. Subject: Second reading of ordinance directing actions related to the formation of, and Cupertino’s membership in, the Silicon Valley Clean Energy Authority (SVEA), an independent joint powers authority, which will provide a Community Choice Aggregation Program to offer clean energy alternatives for Cupertino residents and businesses CITY OF CUPERTINO Page 4 City Council AGENDA January 19, 2016 Recommended Action: 1. Conduct the second reading of the Ordinance No. 15-2138: “An Ordinance of the City Council of the City of Cupertino Authorizing the Implementation of a Community Choice Aggregation Program” to create and participate in the Silicon Valley Clean Energy Authority; and 2. Appoint a regular Director and alternate Director to the Authority’s Board of Directors and direct staff to add Council’s appointment to the Authority to the future Council committee assignments calendar Staff Report A - Draft Ordinance PUBLIC HEARINGS 12. Subject: Enact an Urgency Ordinance and conduct the first reading of an ordinance amending the Cupertino Municipal Code to prohibit marijuana cultivation, dispensaries, and deliveries and commercial cannabis activities within the City of Cupertino. (Application No. MCA-2015-01; Location: City-wide; Applicant: City of Cupertino) Recommended Action: 1. Find that the proposed actions are exempt from CEQA; and 2. Enact Urgency Ordinance No. 16-2139: “An Interim Urgency Ordinance of the City Council of the City of Cupertino establishing a moratorium on Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities and Medical Marijuana deliveries within the City of Cupertino pending completion of an update to the City’s Zoning Code”; and 3. Conduct the first reading of Ordinance No. 16-2140: “An Ordinance of the City Council of the City of Cupertino amending Section 19.08.030 and adding Chapter 19.98 of Title 19 of the Cupertino Municipal Code regarding Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, Commercial Cannabis Activities, and Medical Marijuana Deliveries” Staff Report A - Draft Ordinance No. 16-2139 Urgency Ordinance B - Draft Ordinance No. 16-2140 Marijuana Ordinance C - White Paper on Medical Marijuana Dispensaries D - Santa Clara District Attorney E - PC Resolution F - PSC MJ recommendation ORDINANCES AND ACTION ITEMS 13. Subject: Order the abatement of a public nuisance (weeds) pursuant to provisions of Ordinance No. 724 and Resolution No. 15-112 CITY OF CUPERTINO Page 5 City Council AGENDA January 19, 2016 Recommended Action: Note objections and adopt Resolution No. 16-007 ordering abatement of a public nuisance (weeds) Staff Report A - Draft Resolution B - 2016 Weed Abatement Program Commencement Report C - Notice to Destroy Weeds and Program Schedule D - Letter to Property Owners E - Approved Resolution No. 15-112 14. Subject: Consideration of Proposed Lease with Verizon Wireless for a cell tower to be located on the Civic Center Property (Torre Avenue), subject to the terms of any City-issued permits Recommended Action: Adopt Resolution No. 16-008 to: 1. Authorize the City Manager to execute an Antenna Ground Lease between the City of Cupertino and GTE Mobilnet dba Verizon for a term of up to 5 years, for a cell tower to be located on the Civic Center Property, in substantially the form as presented to Council, and subject to the terms of any City-issued permits; and 2. Authorize the City Manager to negotiate and execute up to two five year (5-year) options consistent with the terms of the Lease Staff Report A - Draft Proposed Lease B - Draft Resolution - Verizon Lease.docx C - Letter from AT&T 15. Subject: An ordinance amending sections 14.04.100 and 18.56.040 of the Cupertino municipal code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project. Recommended Action: Conduct the first reading of Ordinance No. 16-2141: “An Ordinance of the City Council of the City of Cupertino amending Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code to provide for a limited waiver of reimbursement requirements when a property owner dedicates right-of-way for a city street improvement or facility project,” to facilitate the provision of sidewalks and street widening in certain areas where pedestrians and bicyclists are prevalent. Staff Report A - Draft Ordinance B - Redline Version of Draft Ordinance 16. Subject: Proposed Initiative submitted by Cupertino Residents for Sensible Zoning Action Committee Recommended Action: Adopt Resolution No. 16-009 directing City staff to prepare a report on the effects of the Initiative pursuant to Elections Code Section 9212 CITY OF CUPERTINO Page 6 City Council AGENDA January 19, 2016 Staff Report A - Notice of Intent and Proposed Initiative B - City Attorney’s Official Title and Summary C - Draft Resolution 17. Subject: Council committee assignments Recommended Action: Approve assignments REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Public Facilities Corporation is hereby called for Tuesday, January 19, 2016, commencing immediately following the Cupertino City Council Regular meeting (which starts at 6:45 p.m.) in the Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." SPECIAL MEETING OF THE CUPERTINO PUBLIC FACILITIES CORPORATION ROLL CALL Community Hall Council Chamber, 10350 Torre Avenue ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. ORDINANCES AND ACTION ITEMS 1. Subject: Approval of the City of Cupertino entering into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless and Receive and File the CITY OF CUPERTINO Page 7 City Council AGENDA January 19, 2016 Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease Recommended Action: a. Receive and File the Letter from Independent Bond Counsel, Brian Quint Finding no Tax Implications from the Lease; and b. Provide consent to the City of Cupertino to permit the City to enter into an Antenna Ground Lease between the City and GTE Mobilnet of California Limited Partnership, a California Limited Partnership, d/b/a Verizon Wireless Staff Report A - Opinion Letter Thimmig Brian Cupertino Public Facilities Corporation ADJOURNMENT CITY OF CUPERTINO Page 8 City Council AGENDA January 19, 2016 The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. CITY OF CUPERTINO Page 9